QUESTION
Can an employer fire an employee while on intermittent FMLA?
Asked on Nov 09th, 2012 on Entertainment Law - Arizona
More details to this question:
Reason for termination was job performance. My daughter was diagnosed with thyroid cancer and I was placed on intermittent leave for her symptoms and appointments When first placed on FMLA, management said while you are out of the office you are covered and to not worry about it. Three months before termination the manager came to me and said I needed to make up the work the day you return. When in reality if you were out of the office for three day then not all of the work would have been made up on the day of the return. While I was in the office all work was completed. When out of the office I tried my best to complete the work and get caught up. Is this a legit termination while of intermittent FMLA?
1 ANSWER
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As a general matter, an employer may terminate any employee for any reason or no reason at all. Courts generally do not get involved in second-guessing whether the reason is a good reason or a bad reason. However, when an employee is legitimately excused from the obligations of his employment by a federal law like FMLA, then it becomes difficult to tell whether the employer's termination decision is impermissible or perfectly defensible. You will need to discuss this situation with a labor-law attorney. Unfortunately, the facts you put forth do not permit a complete analysis of the situation.
Answered on Nov 09th, 2012 at 10:18 PM